Abdulla vs State Of Kerala
2021 Latest Caselaw 16308 Ker

WP(C) NO. 15173 OF 2021            1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                     WP(C) NO. 15173 OF 2021
PETITIONER/S:

            O.ABDULLA,
            AGED 65 YEARS,
            S/O. LATE OTTUPARA ABDU, K.P. 9/240, HARIVIPURAM
            LANE, NO. I, PERURKADA (P.O), THIRUVANANTHAPURAM.

            BY ADVS.
            K.MOHANAKANNAN
            T.V.NEEMA



RESPONDENT/S:

     1      STATE OF KERALA,
            REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

     2      THE TALUK LAND BOARD,
            MANNARKKAD, TALUK OFFICE, PALAKKAD-678 582,
            REPRESENTED BY ITS CHAIRMAN.

     3      THE SPECIAL DEPUTY TAHSILDAR,
            TALUK LAND BOARD, MANNARKKAD, PALAKKAD-678 582.

     4      THE VILLAGE OFFICER,
            KARAKURUSSI VILLAGE, MANNARKKAD, PALAKKAD-678 582

            SRI SYED M THANGAL GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15173 OF 2021                  2


                          JUDGMENT

This writ petition is filed seeking the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to finalize Ext.P5 application filed by the petitioner under Section 85(9) of the Kerala Land Reforms Actin the light of Ext.P13 report within a time frame to be fixed by this Court.

2. I have heard Sri. K.Mohanakannan, the learned counsel

appearing for the petitioner and Sri. Syed M. Thangal, the learned

Government Pleader.

3. The learned Government Pleader submits that there is no

impediment in granting the said prayer.

4. Having regard to the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the 2nd

respondent to finalize the proceedings in Ext.P5 application in the light of

Ext.P13 report, strictly in accordance with law and with notice to the

petitioner as well as the affected parties, if any. The orders as directed

above shall be passed expeditiously, in any event, within a period of three

months from the date of production of a copy of this judgment.

5. The petitioner shall produce a copy of the writ petition along with

this judgment before the 2nd respondent to ensure compliance.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 15173/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE TALUK LAND BOARD IN SM 118/79 DATED 25.5.95.

Exhibit P2 TRUE COPY OF THE RECEIPT OF PAYMENT OF BASIC TAX DATED 9.2.2000.

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KUDAPPANAKUNNU ON 2.11.2001.

Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KUDAPPANAKUNNU GRAMA PANCHAYATH DATED 2.11.01.

Exhibit P4(A) TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD ISSUED OF THE PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION UNDER SECTION 85(9) OF LAND REFORMS ACT ON 28.8.01.

Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE SPECIAL DY. TAHSILDAR, TALUK LAND BOARD, MANNARKKAD DT. 22.10.01.

Exhibit P7 TRUE COPY OF THE AFFIDAVIT AND STAY PETITION ON 7.11.2001 FILED BY THE PETITIONER.

Exhibit P8 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 85(9)OF THE KERALA LAND REFORMS ACT DATED 8.3.05.

Exhibit P9 TRUE COPY OF THE STAY OF EVICTION PROCEEDINGS BILL 2004 DATED 17.7.04.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 17503/2005 DATED 24.1.2006.

Exhibit P11 TRUE COPY OF THE ADDITIONAL STATEMENT ON 20.06.2006 BEFORE THE TALUK LAND BOARD FILED BY THE PETITIONER.

Exhibit P12 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER KARAKURUSSI DATED 13.12.2017.

Exhibit P13 TRUE COPY OF THE REPORT OF THE SPECIAL DEPUTY TAHSILDAR DATED 12.12.2017.

RESPONDENT(S) EXHIBITS: NIL